Classic Cases of Village Self-Governance and Legal Rights Protection in China: A Review

Author: Ren Zili Yin Tian
Publisher:
Publish Date: 2005-08-01
Features: From March 18, 2005, to January 18, 2006, a research team composed of scholars from universities such as Peking University and Beihang University was jointly formed to undertake the "Case-Based Training Research on Chinese Village Self-Governance and Legal Rights Protection" project under the China-EU Village Management Training Program. In May 2005, the team members, along with more than 40 young volunteers from universities, conducted field research in rural areas of Beijing, Shandong, Henan, and Inner Mongolia to gather rich primary data on the current state of village self-governance and rule of law in China. From May to August 2005, the project team compiled 10 exemplary templates of village self-governance from the collected data and edited the book Analysis of Exemplary Templates of Chinese Village Self-Governance. They also compiled 50 typical negative cases of village self-governance and edited the book Analysis of Classic Cases of Chinese Village Self-Governance and Legal Rights Protection, inviting industry experts and scholars for detailed review and revision. By today, these two case-based training books have been preliminarily completed. By January 18, 2006, the team still has the following tasks to complete:
1. Using Analysis of Exemplary Templates of Chinese Village Self-Governance and Analysis of Classic Cases of Chinese Village Self-Governance and Legal Rights Protection as teaching materials, senior teachers will conduct 20 hours of lectures, record them, and produce VCDs.
2. Take the teaching materials and VCDs to target villages in project areas for pilot training to enhance villagers' awareness and ability regarding democratic self-governance and legal rights protection.
3. Launch the "China Village Self-Governance and Legal Rights Protection Website" (URL: WWW.CUnmin.org) as a case database for village self-governance and legal rights protection, providing legal consultation and assistance to rural villagers nationwide.
4. Host a legislative seminar on The Law of Village Self-Governance.
5. Develop Guidance for Village Self-Governance Charters.
6. Submit the legislative proposal for The Law of Village Self-Governance to the national legislative body to promote the specific realization and legalization of villagers' rights to self-governance.
As the inheritors of this historically significant project, we strive to break free from the framework of general theoretical discussions and highlight the applied research characteristics of this project. Based on a combination of theoretical analysis and field research, we attempt direct, case-based training for villagers in the field of village self-governance:
(1) Identify and promote relatively mature templates suitable for China's national conditions, especially for reference in rural areas with underdeveloped economies to implement democratic self-governance.
(2) Collect typical negative cases of violations of villagers' rights to self-governance and conduct legal analysis, providing suggestions for rights protection.
We believe that refining and promoting "exemplary templates" and collecting typical infringement cases for rights protection analysis is feasible and necessary because:
1. Training for villagers must emphasize practicality and relevance, avoiding intimidating policy and theoretical discourse. Through realistic, engaging, and inspiring examples, villagers can gain a practical understanding of democratic and legal principles and achieve a "transfer-of-learning" effect.
2. The promotion of "exemplary templates" can grant villagers a "horizontal comparison right." Through comparison, villagers, as the subjects of village self-governance, can almost naturally acquire a clear understanding of their rights and their exercise.
3. Infringement cases are representative. Disputes over village self-governance have a large-scale, repetitive, and similar occurrence in reality. Using classic cases to illustrate the democratic rights of villagers can help them use legal means to pursue their rights and achieve self-reliant justice, moving from the confusion of democracy to the path of the law.
As history progresses, the true realization of the self-governance rights of rural villagers, who form the foundation of national political life, will mark the greatest leap in China's democratic political process. We sincerely hope that our efforts can contribute to this sacred cause.
In closing, we sincerely thank all those who have provided help and support for the "Case-Based Training Research on Chinese Village Self-Governance and Legal Rights Protection" project!
The "Case-Based Training Research on Chinese Village Self-Governance and Legal Rights Protection" Research Team
August 20, 2005